Learning Goals
- Understand the changes to tribal lands over time.
- Understand the role of consultation.
Tug of War
Keywords
- NAGPRA Review Board
- repatriation
- counterclaims
- consultation
- cultural affiliation
- geographic proximity
- consultation
- Notice of Inventory Completion
Case Study
Notices of Inventory Completion sit on the Federal Register for thirty days to allow public access. NAGPRA Director Latoya Lafeyette has five days left on a Notice of Inventory Completion before she and the Thistleweed Tribe can formally repatriate a small collection of ancestral human remains and rebury them at their cemetery. Latoya and the Thistleweed Tribe have a good working relationship and have previously repatriated and reburied other collections together. When she checks her mail at the office, she discovers a letter from a neighboring tribe, the Pricklyshrub, who are putting in a counterclaim after seeing the Notice on the Federal Register. The Pricklyshrub want to rebury the collections as near to the original excavation site as possible, which is on their currently held tribal land. In addition, they are upset they were not consulted. They want Latoya to come out immediately for a consultation, and they do not want the Thistleweed Tribe to attend. Both tribes are federally recognized.
Discussion Questions
- What is the dilemma?
- What should Latoya do?
- What if Latoya lets her own feelings impede her work?
- How should Latoya sort through these competing claims? What authority does she have? If she can't bring them to a mutual agreement, who can she go to for help? What can the NAGPRA Review Committee do and what can it not do?
- Why and how does the Notice of Inventory Completion affect potential outcomes?